Memo

TITLE OF BILL: An act to amend the environmental conservation law, in relation to reporting requirements for commercial pesticide applicators

PURPOSE OR GENERAL IDEA OF BILL: This legislation seeks to clarify the information that is necessary for pesticide applicators to submit under the pesticide notification law.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill states that commercial applicators must submit information such as EPA registration number, product name, quantity of each pesticide used, as well as the County and Zip Code where the product was applied. This section does not require the date of application, and the full street address to be provided. Section 2 is the effective date.

JUSTIFICATION: Currently applicators have to submit daily reports of every pesticide applied to aid in cancer research. This information is supposed to be contained in a report issued annually by the Department, however this report does not contain the date or street address of application. As a result of this information not being contained in the report there is no reason for it to be collected. Money for this data collection is contained in the EPF and is not even enough to cover the costs of collecting data and printing the report, by excising ~ion-essential information we will be able to save costs and make better use of the information that is pertinent.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Will save the State money.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
6022
IN SENATE
(PREFILED)
January 4, 2012
___________

Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
reporting requirements for commercial pesticide applicators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 33-1205 of the environmental conservation law, as
added by chapter 279 of the laws of 1996, the closing paragraph of para-
graph a of subdivision 2 as amended by chapter 260 of the laws of 1997,
is amended to read as follows:
S 33-1205. Recordkeeping and reporting.
1. All commercial applicators shall maintain pesticide use records for
each pesticide application containing the following:
a. EPA registration number;
b. product name;
c. quantity of each pesticide used;
d. [date applied;
e. location of application by address (including five-digit zip code)]
COUNTY AND FIVE-DIGIT ZIP CODE.
Such records shall be maintained for a period of not less than three
years. All commercial applicators shall file, at least annually, a
report or reports containing such information with the department on
computer diskette or in printed form on or before February first for the
prior calendar year. All commercial applicators shall also maintain
corresponding records of the dosage rates, methods of application and
target organisms for each pesticide application. These records shall be
maintained on an annual basis and retained for a period of not less than
three years and shall be available for inspection upon request by the
department.
2. a. Every person who sells or offers for sale restricted use pesti-
cides to private applicators shall issue a record to the private appli-
cator of each sale of a restricted use pesticide or a general use pesti-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13245-01-1

S. 6022 2

cide used in agricultural crop production to such applicator. Such
record of each sale shall include the following:
1. EPA registration number;
2. product name of the pesticide purchased;
3. quantity of the pesticide purchased;
4. [date purchased;
5. location] COUNTY AND FIVE-DIGIT ZIP CODE of intended application
[by address (including five-digit zip code) or if address is unavailable
by town or city (including five-digit zip code) if the location of
intended application differs from the billing address that appears on
the record].
Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report or reports
containing such information with the department on computer diskette or
in printed form on or before February first for the prior calendar year.
The department shall not use the reports filed pursuant to this para-
graph for enforcement purposes.
b. All private applicators shall maintain, at a minimum, records of
the restricted pesticides purchased, crop treated by such, method of
application, and date of application or applications. This information
shall be maintained on an annual basis and retained for a minimum of
three years, and shall be available for inspection upon request by the
department.
c. A private applicator shall, upon request, within six months,
provide site-specific information relating to pesticide applications to
any researcher entitled to receive information pursuant to paragraph (d)
of subdivision one of section twenty-four hundred eleven of the public
health law, provided, however, such request shall not be granted during
planting and harvesting unless at a time and in a manner that is mutual-
ly convenient.
S 2. This act shall take effect immediately.

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